1. This is an appeal against the whole judgment of the Magistrates Court in terms whereof the appellants were convicted of 3 counts of criminal abuse of duty as public officers as defined in s 174(1)(a) of the Criminal Law Code and, with all counts treated as one for the purposes of sentence, each appellant was sentenced to 36 months imprisonment of which 12 months imprisonment was suspended for 5 years on the usual conditions of good behaviour. More
At the center of the dispute of the parties is Stand 262, Muzarabani Growth Point (“the property”). It is in Muzarabani which is under Mashonaland Central Province. The late Pascale (“Pascale”) Shambi Nyamukondiwa is its owner. He leased it to the applicant in May, 2001. The lease was to endure for twenty-five consecutive years. Its operation was with effect from 1 June, 2001. Its terms which are relevant to the circumstances of this application are that:
a) the property would be used for erecting and operating a fuel retail outlet;
b) the lessee would develop the property for its intended... More
The applicant has applied for bail pending appeal following her conviction and sentencing by the Anti-CorruptionDivision of the Regional Court sitting at Harare for Theft of Trust Property as defined in s 113(2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. She was sentenced to imprisonment for 36 months of which 12 months were suspended for 5 years on condition of good behavior and a further 8 months suspended on condition she pays restitution. She has noted appeal against both conviction and sentence and now seeks bail pending the appeal. More
1. This is an application for leave to appeal to the Supreme Court in terms of s 44(4) of the High Court Act [Chapter 7:06] as read with Rule 94 of the High Court Rules, 2021.
2. Sitting together with MANYANGADZE J, we dismissed the applicant’s appeal against conviction and sentence More
On the return date to determine the fate of a provisional order, first to fifth respondents applied for excision from the record, of certain portions of the applicants` answering affidavit. These relate in the main, to the sale and transfer of certain property between a third party and second respondent in circumstances further described below. The provisional order had been obtained ex parte in this court on 6 May 2022. The ex parte application had in turn, been brought an urgent basis as an exercise of derivative rights in terms of section 61 of the Companies and Other Businesses Act... More
The history of the matter has to be put into perspective. The appellant is cited in his official capacity as a liquidator of the first respondent. The first respondent is a 50 percent shareholder in the company, which is under final liquidation. The second respondent holds the other 50 percent share in the Company. The appellant was appointed interim liquidator of the company on 5 June 2019. On 7 August 2019, he was appointed the final liquidator. More
On the 30th of June 2022 the applicant obtained an order for damages for loss of business for the sum of ZWL608 832,00 and US$2 734 932,00 against Hwange Coal Gasification Company (Pvt) Ltd, under case number HC 660/22. The judgment was granted in default. On the 6th of July 2022 2nd respondent issued a writ of execution against immovable property. Various goods belonging to the defendant were placed under execution for disposal by way of sale by public auction. 4th respondent proceeded with the sale of some of the attached goods which were advertised as provided by the law... More
